2019 RLLR 126

2019 RLLR 126

The claimant was found credible, established identity and membership of a particular social group as a bisexual Tanzanian man, demonstrated an objective risk of persecution given criminalization of same-sex activity and country conditions, and showed state protection and internal flight alternative were not reasonably available; therefore he is a Convention refugee under Section 96 of the IRPA.

Citation
2019 RLLR 126
Parties
Claimant: [XXX]; Tribunal: Refugee Protection Division
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
21 March 2019
Procedural Posture
Refugee Protection Convention Refugee Claim / Final Decision
Outcome
Claim accepted - claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, Internal Flight Alternative, State Protection, Sexual Orientation
Source Language
English
Immigration Law Refugee Law Human Rights Lgbtq+ Rights Convention Refugee Particular Social Group Internal Flight Alternative State Protection +1 more

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Parties

[XXX]

Claimant

Refugee Protection Division

Tribunal

Procedural Posture

Refugee Protection Convention Refugee Claim / Final Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a member of a particular social group (bisexual Tanzanian man)
  3. 3 Whether the claimant's testimony is credible

Ratio Decidendi

The claimant was found credible, established identity and membership of a particular social group as a bisexual Tanzanian man, demonstrated an objective risk of persecution given criminalization of same-sex activity and country conditions, and showed state protection and internal flight alternative were not reasonably available; therefore he is a Convention refugee under Section 96 of the IRPA.

Court Disposition

Claim accepted - claimant found to be a Convention refugee

Orders

  • Claim accepted; protection granted